VRS request of eligible govt employee should be accepted: HC

Madras High Court has observed that government should accept the voluntary retirement request of its employees eligible for VRS unless there was any disciplinary action or prosecution pending or contemplated against the applicant.
Justice D Hariparanthaman made the observation while directing the Tamil Nadu government authorities to permit a senior assistant surgeon serving in state health services to go on voluntary retirement, quashing a July 2012 department order rejecting his plea.
Muthusamy's VRS request was turned down by government on the ground that general medicine was a scarce category.
Allowing the petition by Muthusamy, the Judge said, "no prudent person can say general medicine is a scarce category. I am doubtful whether it is a rare specialty as well."

Noting that an eligible government servant had a right to seek voluntary retirement, the judge said the appointing authority should accept the VRS request unless there were any disciplinary action or prosecution pending or contemplated against him.
Muthusamy had joined the public health services in 1991 as an assistant surgeon and after completing 20 years in service, the minimum required period for seeking voluntary retirement, he applied for VRS in April 2012, but it was rejected.

Justice Hariparanthaman pointed out that the fundamental rule dealing with voluntary retirement had only one condition - government servant seeking VRS must have attained the age of 50 or must have completed 20 years of qualifying service.

"In my view, as per Rule 56(3) of the Fundamental Rules, the government should have accepted the request of voluntary retirement of Muthusamy," the judge said.
He quashed the July 4, 2012 rejection order and directed the authorities to pass appropriate orders within two weeks and permit Muthusamy to retire with effect from July 2012.